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63d Congress, 
3d Session. 



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HOUSE OF REPRESENTATIVES, j Report 

( No. 1280. 



RESERVATION OF SCHOOL LANDS IN ALASKA. 



January 14, 1915. 



-Committed to the Committee of the Whole House on the state 
of the Union and ordered to be printed. 



Mr. Lenroot, from the Committee on the Pubhc Lands, submitted 

the following 

REPORT. 

[To accompany H. R. 20851.] 



The Committee on the Pubhc Lands, to which was referred PC. R. 
20851, introduced by Mr. Wickersham, begs leave to report the 
same with the recommendation that the bill do pass. Omitting the 
formal parts, the bill recommended for passage 13 as follows : 

Be it enacted hy the Senate and House of Representatives of the United States of America 
in Congress assembled, That when the public lands in the Territory of Alaska are 
surveyed under direction of the Government of the United States sections numbered 
sixteen and thirty -six in each township in said Territory shall be, and the same are 
hereby, reserved from sale or settlement for the support of common schools in the 
Territory of Alaska; and section thirty- three in each township in the Tanana Valley 
between parallels sixty-four and sixty-five north latitude and between the one 
hundred and forty -fifth and the one hundred and fifty-second degrees of west longitude 
(meridian of Greenwich) shall be, and the same is hereby, reserved from sale or set- 
tlement for'the support of a Territorial agricultural college and school of mines when 
established by the Legislature of Alaska upon the tract granted in section two of this 
act: Provided, That where settlement with a view to homestead entry has been made 
upon any part of the sections reserved hereby, before the survey thereof in the field, 
or where the same may have been sold or otherwise appropriated by or under the 
authority of any act of Congress, or are wanting or fractional in quantitv, other lands 
may be designated and reserved in lieu thereof in the manner provided by the act 
of Congress of February twenty-eighth, eighteen hundred and ninety-one (Twenty- 
sixth Statutes, page seven hundred and ninety-one): Provided further, That the Terri- 
tory may, by general law, p' ovide for leasing said land in area not to exceed one section 
to any one person, associat'oi, or corporation for not longer than ten years at any one 
time: And provided further , That if anv of said sections, or any part thereof, shall be of 
known mineral character at the date of acceptance of survev thereof, the reservation 
herein made shall not be effective or applicable, but the entire proceeds or income 
derived by the United States from such sections sixteen and thirtv-six and such sec- 
tion thirty-tliree in each township in the Tanana Vallev area hereinbefore described, 
and the minerals therein, together with the entire proceeds or income dervied from said 
reserved lands, are hereby appropriated and set apart as separate and permanent 
funds in the Territorial treasury, to be invested and the income from which shall be 
expended only for the exclusive use and benefit of the public schools of Alaska or of 



2 EESEEVATION OF SCHOOL LANDS IN ALASKA. ,U^ ^ 

the agricultural college and school of mines, respectively, in such manner as the Legis- 
lature of Alaska may by law direct. 

Sec. 2. That section numbered six, in township numbered one south of the Fair- 
banks base line and range numbered one west of the Fairbanks meridian; section 
numbered thirty-one, in township numbered one north of the Fairbanks base line 
and range numbered one west of the Fairbanks meridian; section numbered one, in 
township numbered one south of the Fairbanks base line and range numbered two 
west of the Fairbanks meridian; and section numbered thirty-six, in township num- 
bered one north of the Fairbanks base line and range numbered two west of the Fair- 
banks meridian be, and the same are hereby, granted to the Territory of Alaska, but 
with the express condition that they shall be forever reserved and dedicated to use 
as a site for an agricultural college and school of mines: Provided, That nothing in this 
act shall be held to interfere with or destroy any legal claim of any person or corpora- 
tion to any part of said lands under the homestead or other law for the disposal of the 
public lands acquired prior to the approval of this act: Provided further , That so much 
of the said land as is now used by the Government of the United States as an agri- 
cultural experiment station may continue to be used for such purpose until abandoned 
for that use by an order of the President of the United States or by an act of Congress. 

FULL CONSIDERATION BY COMMITTEE AND DEPARTMENTS. 

The substance of the bill reported and recommended for passage 
has been before the Committee on the Public Lands for nearly a year. 
H. E,. 13487, containing generally the provisions of the bill, was 
introduced by Mr. Wickersham, February 17, 1914, and referred to 
the committee, and thereafter H. R. 15870, H. R. 17262, and H. R. 
20496 were introduced by Mr. Wickersham with intent to present the 
same general subject more satisfactorily either to himself, to the com- 
mittee, to the Department of the Interior, or to the Department of 
Ao-riculture. The subject matter of the bill has been carefully exam- 
ined by the Commissioner of the General Land Office and his legal 
force and by the Secretary of the Interior. The Secretary of the 
Interior has made two reports on the preceding bills, and the Secre- 
tary of Agriculture made one report. A subcommittee of the com- 
mittee, assisted by one of the legal officers from the Department of 
the Interior and one from the General Land Office, made the final 
draft and submitted it to the full Committee on the Public Lands, 
who requested Mr. Wickersham to introduce the final draft as a new 
bill; it is tliis draft which is now favorably reported as H. R. 20851, 
with the recommendation that it do pass. 

THE SCOPE OF THE BILL. 

The first section of the bill provides that when the pubfic lands in 
Alaska are surveyed by the United States (1) sections 16 and 36 in 
each township, not known to be mineral at the time of acceptance of 
survey, shall be reserved from sale or settlement for the support of 
comnion schools; (2) section 33 in each toAvnship, not known to be 
mineral at time of acceptance of survey, in the Tanana Valley in the 
area bounded by the sixty-fourth degree of latitude on the south and 
the sixty-fifth degree of latitude on the north, and between the 
one hundred and forty-fifth and one hundred and fifty-second 
meridians (from Greenwich), shall be reserved from sale or settlement 
for the support of a Territorial agricultural coUege and school of 

mines. • i i 

Where any of the lands described are found to be occupied by 
homestead settlers or have been sold or otherwise appropriated ac- 
cording to law at the time of the survey, the bill provides that fieu 

D. OF G, 



RESERVATION OF SCHOOL LANDS IN ALASKA. 6 

lands may be selected and reserved to supply the deficiency in the 
manner provided bv the general lieu-land selection act of February 
28, 1891. (26 Stat'., 791.) 

Where the lands are surveyed and the reservation provided be- 
comes operative the Territory is authorized to lease the land in area 
not to exceed one section of 640 acres to any one person, association, 
or corporation for not longer than 10 years at any one time. 

If any of the lands mentioned are known mineral lands at the date 
of the acceptance of the survey, when the reservation would other- 
wise become effective, the bill provides that the reservation shall not 
be effective or applicable, but the entire proceeds of the section or 
sections found to be mineral shall be transferred by the Lnited 
States to the Territorial treasury for the use either of the cornmon 
schools or the agricultural college and school of mines, respectively. 

The bill does not authorize the Territory to expend any part of 
the principal amount obtained either from leasing or from the pro- 
ceeds of the lands, but does authorize the use of the income from 
sections 16 and 36 for the support of common schools in the Terri- 
tory, and the use of the income of the fund derived from section 33 
in the limited area in the Tanana Valley for the support of the agri- 
cultural college and school of mines. 

THE AGRICULTURAL COLLEGE AND SCHOOL OF MINES. 

Section 2 of the bill grants to the Territory of Alaska 4 sections of 
640 acres each, a total of 2,560 acres, for the purpose of a site for a 
Territorial agricultural college and school of mines. This grant, 
however, is subject to the right of the United States to continue to 
use the tract as an agricultural experiment station until it shall be 
abandoned for that use by an order of the President or by an act of 
Congress. 

There is now an agricultural experiment station maintained upon 
a portion of these sections by the United States, but the use thereof 
for that purpose it is thought will aid the agricultural college, since 
it will afford demonstration in practical work under the most favor- 
able conditions. The agricultural experiment station reservation 
embraces about one-half of the tract reserved. 

APPROVED BY SECRETARY OF AGRICULTURE. 

On May 2, 1914, the Secretary of Agriculture addressed the fol- 
lowing letter to the chairman of the Public Lands Committee in 
support of one of the earlier bills of tiiis series: 

Department op Agriculture, 

Washington, May 2, 1914- 
Hon. Scott Ferris, 

House of Bepresentatives. 
My Dear Mr. Ferris: I have your note of April 27, with the request that I 
report on H. R. 15870, particularly as to section 9. I have no comment to make on 
any part of the bill except on section 9. 

I think it very proper that the reservation of a site be made for a higher insti- 
tution of learning in Alaska. Whether such an institution should be organized at 
the present time and that Federal aid be furnished it is a question on which opinion 
may well differ. The population of Alaska is only about 70,000, and the number of 
high-school graduates is very small. In all probability the number would be greater 



4 EESERVATION OF SCHOOL LANDS IN ALASKA. 

if there were college facilities in Alaska. I understand that families going to Alaska 
in many instances leave their children at home because of the lack of opportunity 
to secure college training in Alaska. I would suggest that the word "university" 
be omitted from the bill, and that the establishment of an agricultural and mechan- 
ical college alone be contemplated. It would be a very long time before there would 
be need for a university in Alaska or before the conditions would make possible the 
maintenance of one. I imagine the training that would be required could be fur- 
nished by a college of agriculture and mechanic arts and all the technical training 
could be provided through it. 

I see no objection to the proviso that so much of the land ^s is now used by the 
Government of the United States as an agricultural experiment st-ation m.ay be con- 
tinued to be used for such purpose until abandoned for that use by an order of the 
President or by act of ( ongress. The experiment station ought to be continued 
there and ought to continue to be related to the department, just as all the other 
experime.it stations in the States are at present related. The same relation should 
be provided for between any college of agriculture and mechanic arts that may be 
created and this department. The Alaskan board, if it is authorized and organized, 
might bear the same relation to the college and the experiment station that the State 
authorities at the present time bear to such establishments. 

I suppose it is contemplated that the Territory should provide buildings and some 
further support for the college. The aid contemplated in the bill would not be suffi- 
cient to provide the necessary buildings, equipment, and operating e:xpenses. 

Section 12 creates a commission, and this commission is authorized to make a report. 
This report would recommend a plan for organiz;ation and can cover all the points I 
have in mind as to the character of the institution. It occurs to me that it would be 
wise for you to include on the commission a representative from the Department of 
the Interior in place of the third person to be appointed by the Secretary of Agricul- 
ture from the Department of Agriculture. The Interior Departm.ent has large rela- 
tions in Alaska and has the Bureau of Education . This bureau has certain jurisdiction 
over educational m.atters in Alaska. It is for this reason that I make the suggestion 
that the third person be connected with the Department of the Interior. 
Very truly, yours, 

D. F. Houston, Secretary. 

In view of the questions raised by this report your committee con- 
cluded to eliminate all matters concerninp; which there might be 
differences of opinion and therefore the bill provides only for the 
reservations named in the bill, the grant of four sections for the site 
of the agricultural college and school of mines, and the use of the in- 
come derived, for the purpose named in the bill. All questions 
relating to the organization and establishment of the college and 
school of mines are left to the Territorial legislature and future 
action of Congress. 

AN EMERGENCY BILL. 

The United States has now begun the survey of public lands in 
Alaska, and especially in the Tanana and other valleys where the 
agricultural land lies. If the school lands mentioned in this bill are 
not reserved under an act of Congress prior to the survey in place they 
will be lost to the school fund. For that reason it is necessary that 
this bill pass at the earliest possible date. Many sections have 
already been entered, both before and after survey, which will be lost 
unless lieu lands may be taken therefor. The surveys within the 
limited area in the Tanana Valley are being made and the sections 
thus reserved for the agricultural college and school of mines will be 
taken as fast as the surveys are made unless this bill be passed. 



RESERVATION OF SCHOOL LANDS IN ALASKA. 5 

AMOUNT RESERVED FOR AGRICULTURAL COLLEGE AND SCHOOL OF 

MINES. 

The area within which reservation is made for the agricultural col- 
lege and school of mines is a very small one. It is 66| miles wide and 
210 miles long. There are 6 townships in the width of this tract and 
35 in the length, or 210 townships in all. One section, No. 33, is 
reserved in each township for the agricultural college and school of 
mines, or 210 sections in all. These contain 134,400 acres, which is 
a smaller number of acres than is usually given an agricultural col- 
lege or school of mines. A detailed statement of the reservations to 
Territories under the agricultural and mechanical college grants will 
be found in The Public Domain and Its History (Donaldson, Gov- 
ernment Printing Office, 1884), at pages 229-231. 

SCHOOL-RESERVATION POLICY. 

Beginning with the act of April 30, 1802, for the formation of the 
State of Ohio, Congress gave or reserved section 16 in every town- 
ship for the use of the common schools. This was the hmit of 
reservation in States and Territories until in the act for the organi- 
zation of the Territory of Oregon, August 14, 1848, Senator Stephen 
A. Douglas inserted an additional grant for school purposes of the 
thirty-sixth section in each township with indemnity for aU public- 
land States thereafter to be admitted, making the reservation for 
school purposes the sixteenth and thirty-sixth sections, or 1,1:80 
acres in each township of 6 miles square, reser- ed in pubiic-land 
States and Territories, and confirmed by grant in terms in_ the act 
of admission of such State or Territory in the Union. Since the 
organization of Oregon Territory in 1848 every act of Congress 
organizing a Territory has specifically reserved sections 16 and 36 
for the use of common schools therein. 

The whole matter of educational land grants is covered by chapter 
13 of The Pubfic Domain and its History, pages 223-231. 

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